- (1.) HEARD on M.(Cr.)P. No. 1280/2005 for suspension of sentence and grant of bail during the pendency of this appeal. The accused/appellant Karan Nishad has been convicted for commission of the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default of payment of fine, to undergo rigorous imprisonment for 3 months, and rigorous imprisonment for 3 years and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment for 3 months, respectively.
(2.) WE have heard learned counsel for the parties. Having heard learned counsel for the parties, having perused the record and considering the facts that, there is no eye-witness in this case and that merely on the basis of the recovery of the axe, the accused/appellant cannot be convicted unless there is a report of a Serologist, we are of the opinion that, it is a fit case in which execution of the substantive sentences awarded to the accused/appellant should be suspended during the pendency of this appeal and he should be released on bail. Accordingly, M.(Cr.)P. No. 1280/ 2005 is allowed, and it is directed that, execution of the substantive sentences awarded to the accused/appellant shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand) with one solvent surety in the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 6-3-2006 and thereafter to continue his appearance before the said Court on all such other subsequent dates as are given to him by the said Court till final disposal of this appeal. Application Allowed.;